Child Support

Part 1 - Jurisdiction

Constitutional requirements

Does asserting child support jurisdiction over a non-resident defendant meet International Shoe “minimum contacts”?

Is the assertion of jurisdiction consistent with “traditional notions of fair play and substantial justice”?

General vs Specific Jurisdiction

General: Are the defendant’s activities in the state “continuous and systematic”? If so, state may assert general jurisdiction

Specific: Did the defendant “purposefully direct” his/her activities at the residents of the forum state and the injuries to those residents arose out of or relate to those activities?

Parker v Alaska Dept of Revenue

Single act of sexual intercourse in that forum state can provide that state with specific jurisdiction over non-resident defendant for determination of paternity and child support

A person engaging in sexual intercourse should foresee the possibility that a child might be conceived and born, and that a support action might be filed

Uniform Interstate Family Support Act (UIFSA)

Adopted by every state Replaced older statutes such as the Uniform

Reciprocal Enforcement of Support Act (URESA)

URESA was a “de novo” statute that allowed responding state to modify original order, not just enforce

UIFSA is a “continuing exclusive jurisdiction” statute allowing enforcement, but not generally modification

Two types of UIFSA cases

One State: Provides for “long-arm” personal jurisdiction over non-resident defendants if constitutional requirements are met (“one state” actions)

Two State: Allows “two state” actions if personal jurisdiction cannot be obtained in forum state. Initiate where child resides, then “transmute” the action to the state where defendant resides

UIFSA basis for “one-state” jurisdiction (Fl. Stat. § 88.2011)

The individual is personally served with citation, summons, or notice within this state

The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction

The individual resided with the child in this state The individual resided in this state and provided

prenatal expenses or support for the child

UIFSA “one state” jurisdiction (Continued)

The child resides in this state as a result of the acts or directives of the individual (is this constitutional?)

The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse

The individual asserted parentage in a tribunal or in a putative father registry maintained in this state by the appropriate agency, or

There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction

How interpreted?

Basing UIFSA jurisdiction on the father's mere acquiescence to his child remaining in Florida violates the Due Process Clause of the Fourteenth Amendment. Wright v Lewis, 849 So.2d. 379 (Fla. 4th DCA 2003)

Two-State Jurisdictional Issues

State issuing child support order retains continuing exclusive jurisdiction over the order as long as either the obligee, the obligor, or the child resides in the issuing state

Parties who are individuals (not a state agency) may file written consents with the issuing court allowing a court of another state to modify the order and assume continuing exclusive jurisdiction

Two State Process – Initiating State

An individual or support enforcement agency files an action to determine paternity or to establish, modify, or enforce a support order

Court of initiating state forwards three copies of petition to responding state where the defendant resides

Merely a ministerial act, no adjudication takes place in initiating state

Two State Process – Responding State

Receives petition from initiating state and serves defendant by First Class Mail

Conduct hearing and determine duty of support and amount payable in accordance with responding state’s law and support guidelines, enter order

Except in cases of modification of existing order from initiating state, when law from initiating state is applied

Jurisdiction for Retroactive Support Orders

The 1998 enactment of Fla. Stat. 61.30(17) modified prior case law.

The statute provides that "the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition."

Child Support

Part 2 – Support Determination

Purpose of child support?

Meet child’s subsistence or minimal level needs– This view has been universally rejected

Support the child consistent with a standard of living based on the incomes of the parents– Underlying assumption of all guideline models

Historical standard for child support

Meet the needs of the child Within the parents’ ability to pay Many states and local courts had informal

guidelines or “rules of thumb” that were not mandatory or presumptive

Modern standard: Guidelines

Every state has a guideline There are several guideline types or models Support is presumptively set based on

guideline Deviation from guideline rare, must make

written finding showing why guideline amount is “unjust or inequitable”

Why guidelines? The federal mandate

Congress determined that overall support levels were too low and there was too much case to case variation based similar facts

Congress issued mandates:– First - that each state develop and implement a

statewide guideline– Second – that the statewide guideline be

presumptive for both establishing and modifying support orders

Benefits of Guidelines

Increase support levels so they more accurately reflect the true cost of raising children

Make support orders more equitable by reducing differences between orders on similar facts

Reduce the adversarial nature of support proceedings and encourage settlements due to greater predictability

Ease the burden on the courts by streamlining the decision-making process

Guideline Models

Income Shares Percentage of Income Melson (Delaware) Cassetty

Income Shares

Most common guideline (FL and a majority of other states)

Child should receive the same proportion of total parental income as he/she would have received if the family were intact (two parent household)

Income Shares Methodology

Determine total combined incomes of both parents Use economic data to determine what percentage of

total family income is spend on a child at the relevant total family income level

Multiply that percentage by total family income to determine the total support amount for the child

Apportion that support between the parents based on a ratio of their respective incomes

Income Shares Example

Mom makes $4000 net per month Dad makes $2000 net per month

Total Family Income is $6000 per month Assume that the economic data shows that families

with $6000 in net monthly income spend 20% of that income on one child, or $1200 per month

Apportion that $1200 support amount between the parties based on a ratio of their incomes– Mom pays $800– Dad pays $400

The underlying economic data

Thomas Espenshade, New Estimates of Parental Expenditures (1984)

Robert Williams, “Guidelines for Setting Levels of Child Support Orders”

Both Espenshade’s book and Williams’ article are based on Department of Agriculture data from the 1980’s

Common threads in underlying data

As income goes up, the percentage of income spent on children declines

As the number of children in the family increases, the percentage of income spent on each child decreases

Fixed Percentage (Wisconsin) Guideline Model

This is the method most states used, formally or informally, before the federal government mandated guidelines

Support is set at a fixed percentage of the non-custodial parent’s income

Percentage varies with number of children in the family, but not with income

Melson (Delaware) Formula

Named for its developer, Judge Edward Melson, a family court judge in Delaware

Allows parents to keep enough income to meet basic needs (to avoid destroying the incentive to work)

All income above parents’ basic needs goes to child support until child’s basic needs are met

Once child’s basic needs are met, all additional parental income is shared with the children so they can benefit from the parents’ increased standard of living

Melson Methodology

Determine each parent’s “net available income,” which is net income after subtraction of a basic needs allowance

Determine the child’s subsistence level support needs

Prorate the child’s needs between the parents based on a ratio of the parents’ respective net available incomes

Use a “Standard of Living Allowance” or SOLA to determine what percentage of the each parent’s remaining income is allocated to child support

Melson Example

Mom makes $4000 per month Dad makes $2000 per month Each parent has a $1000 monthly basic

needs allowance, leaving Mom with $3000 of income available for support and Dad with $1000 available for support

Melson Example (Continued)

Child has basic support need of $250 per month, which is apportioned between Mom and Dad based on ratio of net available income

Mom has $3000 (75%) and Dad has $1000 (25%), so Mom pays $187.50 and Dad pays $62.50

Melson Example (Concluded)

Apply Standard of Living Allowance (SOLA) to remaining income of each parent

SOLA for one child is 15% Applying 15% SOLA to Mom’s remaining income of

$2,812.50 ($3,000 less basic child support of $187.50) adds another $421.88 to her monthly support, for a total of $609.38

Applying 15% SOLA to Dad;s remaining income of $937.50 ($1,000 less basic child support of $62.50) adds another $140.63 to his monthly support, for a total of $203.13

Cassetty (Income Equalization) Model

Most radical approach of the four models Not in use anywhere Goal is to provide equivalent living standards

in the two post-divorce households

Cassetty Methodology

Exempt from the net incomes of each parent enough income to support that parent’s post-divorce household at the poverty level (similar to Melson)

Apportion all remain family income between the two households based on the number of persons in each post-divorce household

Cassetty Example

Mom makes $4,000 net per month and lives alone post-divorce

Dad makes $2,000 net per month and has custody of the two children

2005 federal poverty level is $798 for a family of one and $1,341 for family of three

Dad has $659 above poverty level and Mom has $3,202, for a total of $3,861

Dad gets 75% ($2,895) of the $3,861 and Mom gets 25% ($965.25) of the $3,861, which results in Mom paying Dad $2,236.75 per month

Comparison of the four models

Income Shares guidelines tend to depress child support levels at high incomes and increase it at very low incomes

Melson tends to increase child support at high incomes, but reduce it at very low incomes

Cassetty increases support at moderate and high incomes

Fixed percentage tends to increase child support at high incomes, unless the guideline has a cap

Child Support

Part 3 – Determining Support in Florida

Duty to support children

The court may require either or both parents to pay support in accordance with the guidelines, whether the child is born in or outside of marriage

Every child support order must contain a provision for health insurance for the child when insurance is reasonably available

The cost of health care coverage and uncovered expenses is apportioned between the parents based on a ratio of incomes

Parent cannot bargain away a child’s right to support

When does that duty end?

Support typically ends at the age of majority (18) A court may order child support beyond the age of

majority if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school performing in good faith with a reasonable expectation of graduation before the age of 19

If there is a reasonable expectation of graduation within a short time period after a child's 19th birthday, child support may be ordered beyond age 19

What about college expenses?

The court cannot order a parent to finance a child's college education. Grapin v. Grapin, 450 So. 2d 853 (Fla. 1984)

But parties may contract in their Marital Settlement Agreements to provide for college education or other support beyond majority

These contracts are enforceable by the court. Finn v. Finn, 312 So. 2d 726 (Fla. 1975), McIlmoil v. McIlmoil, 784 So. 2d 557 (Fla. 1st DCA 2001)

Death of the Obligor?

States are split on this issue

Florida’s Income Shares Guideline

Florida's child support guidelines contain a schedule of support based upon a combined net income of up to $10,000 a month

The schedule is found at Fla. Stat. § 61.30 Variations of up to 5% above or below the

scheduled amount are permitted without triggering a finding of “deviation”

High income cases

For incomes exceeding the $10,000 schedule ceiling, the amount of support determined by the schedule should be added to the excess income multiplied by:– 5% for one child– 7.5% for two children– 9.5% for three children– 11 % for four children– 12% for five children– 12.5% for six children

Determining Monthly Net Income

Need to first determine gross income including everything in the guideline statute, Fla. Stat. §61.30(2)(a)

Then subtract those deductions allowable under the guideline statute, Fla. Stat. §61.30(3)– Not the same as tax code deductions

What is included in gross income for child support purposes?

Salary or wages Bonuses, commissions, allowances, overtime, tips,

and other similar payments Business income from sources such as self-

employment, partnerships, close corporations, and independent contracts

Disability benefits Worker's compensation Unemployment compensation Pension, retirement, or annuity payments Social security benefits

Also included in gross income for child support:

Spousal support received from a previous marriage or court ordered in the marriage before the court

Interest and dividends Rental income, which is gross receipts minus ordinary and

necessary expenses required to produce the income. Income from royalties, trusts, or estates. Reimbursed expenses or in-kind payments to the extent that

they reduce living expenses. Per diem expenses are not included. Allowances for travel, housing, and vehicle or gas are included.

Gifts, which are continuing and regular in both amount and timing

Gains derived from dealings in property, unless the gain is nonrecurring

What is deducted from gross income to determine net income for child support?

Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities

Federal insurance contributions or self-employment tax Mandatory union dues Mandatory retirement payments Health insurance payments, excluding payments for

coverage of the minor child Court-ordered child support for other children which is

actually paid Spousal support paid pursuant to a court order from a

previous marriage or the marriage before the court

Sample Florida Income Shares Support Calculation

Mom has $4,000 net monthly income Dad has $2,000 net monthly income Total of $6,000 net monthly income results in a total

basic support obligation of $1,121 for one child (see statutory table or worksheet)

That is apportioned between the parents based on a ratio of their incomes.

Mom’s support obligation is 67% x $1,121, or $751.07, if Dad has custody.

Dad’s support obligation is 33% of $1,121, or $369.93 if Mom has custody.

Court can also consider other factors as provided in Fla. Stat. §61.30(11)(a) to “Deviate” from guideline amount:

The existence or expectation of extraordinary medical, psychological, educational or dental expense

Independent income of the child, not including supplemental social security income received on the child's account

Payment for support of a parent which regularly has been paid and for which there is a demonstrable need

Seasonal variations in one or both parent's income or expenses

The age of the child, taking into account the greater needs of older children

Special needs that have been traditionally met within the family budget even though fulfilling those needs will cause the support to exceed the guidelines

Total available assets of the obligor, obligee, and the child

Other deviation factors:

Impact of the IRS dependency exemption and the waiver of same. (The court has jurisdiction to order a party to execute a waiver to the other)

Where the guidelines would require a person to pay more than 55 percent of his gross income for a child support obligation for current support resulting from a single support order

Where the child spends a significant amount of time, but less than 40% of overnights, or. refusal of the non-custodial parent to become involved in the child's activities

Any other adjustment which is needed to achieve an equitable result. This could be a necessary debt or expense incurred during the marriage which has been assumed by one of the parties

“Good Fortune’ cases

Where non-custodial parent is wealthy (for example, a professional athlete), the court may order that support beyond what is need to meet the child’s needs (consistent with the lifestyle of the parents), be paid to a guardian and supervised by the probate court. Finley v Scott, 707 So. 2d 1112 (Fla1998).

Finley v Scott: Two competing concerns

In this case, the mother is raising the child on a much lower standard of living than would be established by the father, if the child were living at his current lifestyle [as a professional athlete] of $266,926.00 gross income per month. He could well afford, for example, a full time nanny, housekeepers, international travel, residence in a mansion with high attendant expenses, and transportation in expensive automobiles--a portion of which could be allocated to this child.

Finley v Scott, the other side:

However, the mother is not able, in this case, to live at that standard of living. She must provide for herself and her other two children. They cannot benefit from the child support paid for this child, although the mother tried to do so, and has been properly reprimanded by the trial court for that effort. At her standard of living, the trial court found that only $ 2,000.00 was actually being spent on this child. However, if the father's child support obligations are limited to this level, the child will not share in her father's much higher standard of living and lifestyle. Clearly the "needs" of this child should not be solely based on what the mother can afford to spend on her, consistent with the mother's much lower standard of living. That also would be inequitable.

If deviating from guideline:

Court must make written findings of the facts supporting deviation

Court must conclude that, based on those factual findings, application of the guideline amount would be “unjust or inappropriate”

These findings must be made even in those cases where the parties agree to a deviation

“Substantial time” adjustment in Fla. Stat. §61.30(11)(b) – added in 2001

Where the court ordered or agreed-upon custody/visitation schedule has the child spending a “substantial amount of time” with each parent, there will be an adjustment in support to account for the non-custodial parent’s greater than typical assumption of the day to day costs of childrearing

“Substantial amount of time" means that the non-custodial parent exercises visitation at least 40 percent of the overnights during the year

Formula is cumbersome, so use software to calculate adjustment

Subsequent Children adjustment (Fla. Stat. §61.30(12)

May only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award

Court may disregard the income from secondary employment obtained in addition to the parent's primary employment if that employment was obtained primarily to support the subsequent children

Not generally a basis to deviate from the guideline. If the existence of subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount

Failure to Visit adjustment - Fla. Stat. §61.30(11)(c)

A noncustodial parent's failure to regularly exercise court-ordered or agreed visitation not caused by the custodial parent may result in an adjustment (increase) in child support

A modification for failure to regularly visit shall be retroactive to the date the non-custodial parent first failed to regularly exercise court-ordered or agreed visitation

Additional Support (beyond guideline)

Child Care Expenses Health Care Insurance and Uninsured

Expenses

Child Care Expenses, Fla. Stat. §61.30(7)

Child care costs incurred on behalf of the children due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be reduced by 25 percent and then shall be added to the basic obligation

After the adjusted child care costs are added to the basic obligation, any moneys prepaid by the noncustodial parent for child care costs for the child or children shall be deducted from that noncustodial parent's child support obligation for that child or those children.

Child care costs shall not exceed the level required to provide quality care from a licensed source for the children.

Health care insurance and expenses, Fla. Stat. §61.30(8)

Health insurance costs and any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis

After the health insurance costs are added to the basic obligation, any moneys prepaid by the noncustodial parent for health-related costs for the child or children of this action shall be deducted from that noncustodial parent's child support obligation for that child or those children

What about private school tuition as child support?

No uniform view around the U.S, but in Florida, the answer is yes, if any of the following apply:– They have the ability to pay, and such attendance is

in the child's best interest– They agree that the child should attend private

school– Private school is in their customary standard of living– The child has a special need that cannot be met by

public schoolsSee Forrest v. Ron, 821 So. 2d 1163 (Fla. 3d DCA 2002)

Imputation of Income in Florida, Fla. Stat. 61.30(2)(b)

If a parent chooses to be voluntarily unemployed or underemployed, income may be imputed by the court for purposes of determining guidelines support

Requires a finding that the parent had the intent to refuse to work

Absent special circumstances, income may not be imputed at a level which the parent has never earned

Imputation Factors

Recent work history, as well as occupational qualification, prevailing earnings in the community and the availability in the community must be considered when imputing income

The court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child

Competent evidence and specific findings are required before imputation may be ordered

Security for Child Support

Court may order child support (or alimony) obligor to obtain or maintain sufficient life insurance to secure the present value of his/her remaining obligation

Court must consider evidence of the payor's insurability, the cost of the proposed insurance, and the payor's ability to afford the insurance

Lopez v Lopez, 780 So. 2d 164 (Fla 2nd DCA 2001)  

Support and visitation are independent rights/obligations

FL. Stat. § 61.13(4):

(a) When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

(b) When a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

Child Support

Part 4 – Modification

Modification Factors, Fla. Stat. § 61.13(1), 61.30(11):

In the best interests of the child; When the child reaches majority; or When there is a substantial change in the

circumstances of the parties.

What is a substantial change of circumstances?

A change in circumstances must be significant, material, involuntary and permanent in nature. Fisher v. Fisher, 722 So. 2d 243 (Fla. 2d DCA 1998).

The guidelines themselves may be the basis for establishing substantial change, but the difference between original and present amount must be at least 15% or $50 per month, whichever is more. Fla. Stat. §61.30(l)(b).

Burden of Proof for Modification

Burden is on party seeking modification, and is heavier when child support was based on agreement of parties and incorporated into the order. Overbey v. Overbey, 698 So. 2d 811 (Fla. 1997).

Overbey – Voluntary Reduction

Janet Overbey (the mother) and Daniel Overbey (the father) were divorced in 1990. The father was to pay child support for the parties' two minor children in the amount of $ 200 per week. As of 1994, the father's income as a police officer was approximately $45,000 per year and the mother's income as a practical nurse was approximately $24,000 per year.

In 1995, the father was accepted to law school and applied for a reduction in child support to enable him to attend. The mother opposed the motion, contending that the father's voluntary decision to attend law school did not constitute a significant change of circumstances justifying a reduction in child support.

Result – No Modification

The father's decision to attend law school was a voluntary one that could not take precedence over the welfare of the two minor children, particularly since one child would reach majority before the father finished school.

Law school attendance was not a logical extension of the father's career as a police officer and was not contemplated until after the dissolution.

No guarantee that the father will secure employment paying more than $ 45,000 per year (his police officer’s salary) immediately after he finishes law school.

Retroactive Modification

An order modifying support may be retroactive to a date no earlier than the filing of a petition to modify

Court cannot reduce or cancel arrearages accruing before the date of the petition

Court can credit obligor’s overpayment if support is reduced retroactively

Automatic Modifications of Support?

Courts cannot order automatic adjustments in child support.

The parties, however, may agree to adjustments based on income tax returns, the consumer price index, or some other basis. Blue v. Blue, 188 So.2d 563 (Fla. 4th DCA 1966).

Termination of Support on Death of Obligor?

States are split on this question In Florida, support terminates on the death of

the payor. Garcia v Gonzales, 654 So. 2d 1064 (Fla. 3rd DCA 1995)

Exception if the payer expressly agrees before death that his estate will be liable for continued support. Reinhardt v. Reinhardt, 131 So. 2d 509, 512 (Fla. 3d DCA 1961), cert. discharged, 139 So. 2d 697 (Fla. 1962)

Child Support

Part 5 – Collection and Enforcement

How is support paid?

Income Deduction Order– Mandatory since 1997

Must provide:– direct the employer to deduct the amount required by the

order from the obligor's income and forward it to the SDU– specify the amount of any arrearage and direct that an

additional 20% or more be withheld until the arrearage is paid– advise the employer not to deduct more than is allowed by

the Consumer Credit Protection Act, 15 U.S.C. §1673(b)– tell the employer whether to deduct additional amounts from

any bonus or other similar one-time payment;

What are the federal child support withholding limits?

50 percent of net disposable earnings if payor is supporting another spouse or dependent child

60 percent of net disposable earnings if payor is not supporting another spouse or dependent child

Add 5 percent if there is a 12 week or greater arrearage

Process for implementation of Income Deduction Order

Obligee or his/her agent mails order to employer by certified mail, return receipt requested

Order must be implemented by employer on the first pay day within 14 days of service of the notice of income deduction

The deducted amount must be sent to the obligee or the SDU within two days of the payment date

The employer can charge the employee up to $5 for the first payment and $2 for each subsequent payment to recover administrative costs in implementing income deduction.

Employer’s Obligations/Penalties

Employer who fails to honor order is liable for the child support that was due, plus costs, interest, and attorneys' fees

If the employee has left employment, the employer must notify the obligee and provide the employee’s last-known address and name and address of new employer, if known.

Failure to comply with this requirement may result in a fine of up to $250 for the first violation and up to $500 for subsequent violations.     

An employer may not discharge or discipline an employee because of an Income Deduction Order. Violation results in fine of $250 for first violation and $500 for subsequent violations

Where paid?

All payments be directed through the State Disbursement Unit (SDU). Clerks of the court in all circuits have contracted with the SDU to have all payments made to the SDU.

If the parties agree and the court finds that it is in the child's best interest, support payments need not be made through the SDU.

Fees Charged by SDU

The SDU may impose and collect a fee for its services for each payment. The fee may not be more than 4% of the payment and must be at least $1.25 but not more than $5.25.

If a payment does not include the required fee, the fee may not be deducted from the support paid to the obligee.

Nonpayment of the required fee is considered a delinquency and, when total fees not paid exceed $50, that delinquency becomes an enforceable judgment

Form of Payment

Payments to the SDU may be made by personal check unless the obligor has previously submitted a check returned for insufficient funds

If previous NSF check, payment must be made by cashier's check or money order

Time for Disbursement by SDU

If payment is made to the SDU by cashier's check or money order, payment must be made to the obligee within two working days

If payment is made by personal check, the SDU must make payment to the obligee within four working days

Enforcement by Contempt

Contempt proceedings may be used to enforce orders for payment of child support

The court in a contempt proceeding can enforce only preexisting obligations. Mintz v. Ellison,  233 So.2d 156 (Fla. 3d DCA 1970).

Enforcement may proceed even if the respondent has filed a petition to modify the support obligation in question. Howard v. Howard,  523 So.2d 1224 (Fla. 4th DCA 1988).

Contempt Process/Hearing

Court must find that the alleged contemnor received notice of the motion and hearing

Moving party must then show that a previous order was entered and that the respondent has not complied

Court must determine whether the alleged contemnor had the present ability to pay support and willfully failed to pay.– It is presumed that responded can pay support

per the order, and he/she has burden of rebutting that presumption

The court then issues a written order granting or denying the motion for contempt

Contempt Sanctions

• If the respondent is found in contempt, the court may impose coercive sanctions:• incarceration• imposition of attorneys' fees and costs• coercive or compensatory fines

Right to Purge Contempt

Any sanction must contain a purge provision telling the respondent what he/she must do to purge the contempt

Respondent must be given a reasonable time to purge the contempt

Other enforcement remedies

Suspension of professional or occupational license, Fla. Stat. § 61.13015– All other remedies must first be exhausted– 30 day notice to either pay the arrearage or reach

an agreement with the obligee for payment

Interstate support enforcement: Uniform Interstate Family Support Act

Home state retains continuing exclusive jurisdiction over child support

Home state means "the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period."

Single State Proceeding

Florida court may exercise jurisdiction over a nonresident on any basis consistent with the United States and Florida constitutions in a proceeding to establish, enforce, or modify a support order, or to determine parentage. – Father's acquiescence to child living in Florida did

not confer jurisdiction for child support enforcement

– Nonpayment of support not tortious conduct for purposes of long-arm jurisdiction

Florida law applies to the proceeding, and the remaining provisions of UIFSA do not apply

Two-State Proceeding

Florida obligee may request through the Florida court that an enforcement request be sent to court of state where obligor resides

The court of the state where the obligor resides may enforce the Florida support order using Income Deduction or Contempt, but may not modify the Florida order or cancel arrearages

Defenses to UIFSA action

Obligor has very limited defense to enforcement action